Federal Circuit: The Doctrine of Equivalents is Not a Binary Choice

May 3, 2021The Intellectual Property Strategist

On March 9, 2021, a Federal Circuit panel of Judges Newman, Moore, and Hughes issued a unanimous opinion, authored by Judge Moore, in Edgewell Personal Care Brands, LLC v. Munchkin, Inc., Case No. 2020-1203. The panel vacated the Central District of California’s grant of summary judgment of noninfringement on one patent, reversed the judgment of noninfringement of a second patent, and remanded for further proceedings. Slip Op. at 13.

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